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Certificate of Award, in accordance with law, the provisions of
<br />this ordinance and the Original Purchaser's offer to purchase the
<br />Bonds (as set forth in the Bond Purchase Agreement hereinafter
<br />mentioned) at a purchase price of not less than 97% of par plus
<br />accrued interest to their date of delivery, and the Fiscal Officer
<br />shall sign and deliver, in the name and on behalf of the City, a
<br />Bond Purchase Agreement between the City and the,.~Original
<br />Purchaser. The Mayor and the Fiscal Officer, as appropriate, are
<br />each authorized and directed to sign any transcript certificates,
<br />financial statements and other documents, agreements,
<br />representations and instruments and to take such actions as are
<br />necessary or appropriate to consummate the transactions
<br />contemplated by this ordinance. The Director of Law shall obtain
<br />the services of qualified Bond Counsel, and his selection of
<br />Calfee, Halter & Griswold, Bond Attorneys, Cleveland, Ohio, as Bond
<br />Counsel for the Bonds is hereby confirmed, approved and ratified.'
<br />The Fiscal Officer shall cause the Bonds to be prepared, and have
<br />the Bonds signed and delivered, together with a true transcript of
<br />proceedings with reference to the issuance of the Bonds, to the
<br />Original Purchaser upon payment of the purchase price. The
<br />proceeds from the sale of said Bonds, except the accrued interest
<br />thereon, shall be paid into the proper fund and used for the
<br />purpose for which the Bonds are being issued under the provisions
<br />of this ordinance and may be used to pay those certain costs of
<br />issuance set forth in Section 133.15(B), Ohio Revised Code; any
<br />such costs also may be paid out of any other lawfully available
<br />moneys of the City and any such costs which are future financing
<br />costs may be paid from the same sources from which the principal of
<br />and interest on the Bonds are paid. The accrued interest and any
<br />capitalized interest (the amount which shall be determined by the
<br />.Fiscal Officer) shall be paid into the Bond Retirement Fund to be
<br />applied to the payment of. the principal and interest of the Bonds
<br />in the manner provided by law.
<br />
<br /> A preliminary official statement of the City relating to
<br />the original issuance of the Bonds is authorized to be distributed.
<br />The Mayor and Fiscal Officer, and any one of them, are authorized
<br />and directed to complete and sign, on behalf of the City and in
<br />their official capacities, an official statement, with such
<br />modifications, changes and supplements from the preliminary
<br />official statement as those officers or any one of them shall
<br />approve or authorize. Those officers are authorized, on behalf of
<br />the City and in their official capacities, to (i) determine, and to
<br />certify or otherwise represent, when the official statement is
<br />"deemed final" (except for permitted omissions) by the City as of
<br />its date or is a final official statement for purposes of SEC Rule
<br />15c2-12(b) (1), (3) and (4), (ii) use and distribute, or authorize
<br />the use and distribution of, those official statements and any
<br />supplements thereto in connection with the original issuance of the
<br />Bonds, and (iii) complete and sign those official statements as so
<br />approved together with such certificates, statements or other
<br />documents in connection with the finality, accuracy and
<br />completeness of those official statements.
<br />
<br /> SECTION 6. The Fiscal Officer shall appoint a bank or
<br />trust company to act as the authenticating agent, bond registrar,
<br />transfer agent and paying agent.for the Bonds (the "Registrar").
<br />The Fiscal Officer shall sign and deliver, in the name and on
<br />behalf of the City, a Bond Registrar Agreement between the City and
<br />the Registrar (the "Agreement,,). The Fiscal Officer shall provide
<br />for the payment of the services rendered and for reimbursement of
<br />expenses incurred pursuant to the Agreement from the proceeds of
<br />the Bonds to the extent available and then from other moneys
<br />lawfully available and appropriated or to be appropriated for that
<br />purpose.
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